A backbench business debate was held on Thursday 15 September 2016 on Domestic abuse victims in family law courts. This debate was scheduled by the Backbench Business Committee following a representation from Angela Smith, Maria Miller and Peter Kyle. This debate was sparked by a January 2016 Women’s Aid report highlighting the cases of nineteen children killed by perpetrators of domestic abuse. The killings were made possible through unsafe child contact arrangements, formal and informal. Over half of the child contact arrangements were ordered through the courts.

This report and campaign supports the Voice4Victims Abuse of Process campaign, which looks specifically at how perpetrators are abusing their rights to various legal platforms – family courts, civil courts, private prosecutions, false allegations – in order to continue their unwanted contact and harassment of their victims.

Sir Keir Starmer, MP has been supporting our work and said the following about our work during Thursday’s debate ‘ The second point that I want to make concerns the abuse of process, an issue that I think is rising on the agenda. Perpetrators of domestic abuse use our courts— both criminal and civil, but it is on the civil courts that the torch has not been shone—to continue the perpetration of control and harassment of victims. I pay tribute to Claire Waxman, herself a victim of harassment. She and Voice4Victims have raised this issue on numerous occasions. There are two types of abuse of process. First, there are the individuals who bring proceedings in which they have no legitimate interest: they are doing it simply to ensure that the person whom they have been stalking or harassing is forced to come to court to strike out their claim. Because these are people with no legitimate interest, the courts will strike out the claim when they get to grips with it, as a vexatious claim. However, the victim will have to go to court to argue that it is vexatious, and that is all that the perpetrator wants: for that person to come to court. That is what happened to Claire Waxman, and it has happened to other victims. This problem could be solved by Christmas. Again, I am looking straight across at the Government Front Bench. It ought to be possible for someone working for the senior judiciary to devise a way to ensure that such cases are subject to a special strike-out procedure that does not require the victim to go to court and take the initiative, and some third party does it instead. I honestly think that a month or two of hard work, and some real courage and determination, could produce a system whereby a practice direction could be issued and the problem could be put to one side. The second type of abuse of process is more difficult to deal with. In these cases, the perpetrator has an interest—a child, for instance—and it is therefore not possible to say that that individual simply should not be allowed to be in court at all. In those circumstances, it is a question of looking at special measures, support and different ways of arranging family and other courts to ensure that they are not used with ulterior motives, because there is growing evidence that is happening. These are difficult cases, but it must be possible to provide support for victims, special measures and, indeed, a more proactive role for judges. A big change in the criminal courts was that judges began to be much more proactive and to say, “This is my problem. I must deal with it. It is my duty to provide a better environment for victims on their journey through our courts.” What today’s debate throws up is that these issues are not going to go away. They need to be solved, and I think they can be solved across the House, but that will require listening, non-defensiveness and commitment to bringing about real change. Real change has already happened in the criminal sphere; it can happen in the family courts as well, and it need not take 15 years if lessons from one jurisdiction are borrowed by the other.’

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Voice4Victims is hosting the Abuse of Process conference at the House of Commons on Monday 11th July 10am – 12pm. This conference will look at the problems victims are facing when perpetrators are allowed to access legal processes to further campaigns of abuse against their victims. The impact on victims is prolonged and devastating and we will be highlighting the legal loopholes and pathways that enable this abuse to continue.

Over the past few years, there has been positive work to address some of these issues but without a joined up approach, the situation remains unresolved and means that cases brought against victims in the civil and family courts have a long-lasting and highly detrimental impact on their lives. Voice4Victims, which has led the campaign on the victims’ rights legislation, is hosting this event with the view of producing a report and launching the ‘Abuse of Process’ campaign to redress the imbalance of rights through legislation and test case advocacy.

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The Queens Speech yesterday highlighted this government’s commitment, or should I say, lack of commitment, to victims of crime by introducing a Bill of Rights, scrapping the Human Rights Act and failing to commit to their manifesto promise of a Victims’ Law ‘to guarantee keys entitlements to victims’. The government told us in March that a Green paper would be published by early May and yet there is no sign of it and infact, the official responsible for drawing this up has now retired!

The Human Rights Act has played an important part in my own journey as a victim of crime. When the Crown Prosecution Service (CPS) dropped the prosecution against my stalker, stating that he had an absolute right to access the civil courts to continue his campaign of stalking, I was able to challenge this decision under the Human Rights Act that the CPS had failed in its duty to protect me. This landmark victory saved me a few years later when my stalker used the same tactic and thanks to the Human Rights Act , the CPS successfully prosecuted him and he was sentenced to 3.5 years. This victory has also set a precedent for other victims of stalking facing similar ordeals and is used to remind the Police and CPS of their duty to stalking victims suffering these forms of harassment.

The Human Rights Act has helped not only me but many other victims of crime. From the women raped by the ‘black cab rapist’ where under Article 3 of the Human Rights Act , Police had failed these victims in their investigation and in their treatment of them, to victims of slavery and human trafficking. Their landmark victories also establish a much needed precedent and hopefully will make the police aware of the consequences for failing to act and protect victims.

We’ve had a man sue the CPS for not taking further action against the man suspected of biting part of his ear off. The CPS felt the history of the victim’s mental illness would work against him at a trial. The CPS had wrongly discriminated this man for his mental health. The man was successful as the Human Rights Act showed that the CPS had failed in its duty to protect this man. This case, thanks to the Human Rights Act, has helped to challenge the CPS view of the model victim.

More recently, the Human Rights Act has helped, under Article 2, the families of the Hillsborough disaster, receive their long awaited justice.

The protection of victims of crime is fully entrenched in the Human Rights law and yet to abandon this and to continue to ignore the need for a Victims Law, giving victims’ legally enforceable rights, is to continually fail victims of crime and to silence their voice.

In 2014, as a knee jerk reaction to Labour’s manifesto, this government committed to a victims’ law, and they continue to assure us that ‘victims are at the heart’ of the justice system yet their actions of wanting to take away the Human Rights Act and not realising their promise of a Victims’ Law, shows us otherwise.

Our campaign team have spent the past three years meeting with countless victims of crime and we have extrapolated from their cases to formulate a Victims’ Law. These proposals have been strongly supported and strengthened by Sir Keir Starmer, this country’s lead in Human Rights . Together, we will challenge this government to make sure that we do not go backwards when it comes to Victim’s Rights and that this government leaves the Human Rights Act as it is. We will continue to push the government to spend its resources on focusing on the much needed Victims’ Law which will give Victims easy access to justice, fair treatment, the right support, up to date information, reviews and appeals and will enforce a much needed cultural shift in the way Victims are treated.

If you believe in the Victim’s voice and Victims’ Rights, then please continue to support our Victims’ Law campaign.

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This week was National Stalking Awareness week and what an incredible week it’s been.

Since my journey as a stalking victim started over 12 years ago, this has been an overwhelming week of support for stalking victims and I honestly cannot believe how far we have come, although the journey still has a long way to go. I remember in those days how alone I was and how no one understood or knew what being stalked was like. Thanks to the courage of so many victims, our voices have been heard, loud and clear on the countless radio and TV interviews we have done.

But as the week draws to a close and the next news item takes our place, what do we now have to do to ensure that my story, Lily Allen’s story, Tracey Morgan’s ,Ann Mould’s, Sam Taylor’s, Rana Faruqui’s, Clare Bernal’s and Jane Clough’s and the many others, are not quickly forgotten? What do we do to make sure that lessons are learnt and improvements are made to help improve the journey to justice, support and protection for ALL stalking victims?

I know that our campaigns for a Victims’ rights law supported by Digital Trust; tackling stalking through the family and civil courts; pushing for treatment programmes for perpetrators; treatment support for victims and robust training for all agencies on stalking, is an ongoing job and could make a difference. I know others are pushing for tougher sentences and a stalker register and collectively, we are trying our hardest to protect stalking victims.

Together we hope that the Police will recognise it when a victim makes it’s first complaint. The Police will signpost them to available, local support and work hard on the victim’s behalf to bring their perpetrators to justice. The CPS will apply the stalking legislation and involve the victim in the process and that the sentences given will reflect the need for rehabilation and treatment. We want a victim to get support and protection and feel that the justice system served them well.

So with that in mind, let’s aim that by next awareness week in 2017, when the Suzy Lamplugh Trust do their next FOI requests, we will see just how far we have come and that together, we all played a part in saving and supporting so many more victims.

To everyone this week, well done for your incredible work. From the bottom of my heart, THANK YOU.

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Claire Waxman, founder of Voice4Victims, today won the Suzy Lamplugh Trust, Taking Stalking Seriously award at the National Personal Safety Awards. She was nominated alongside two other fantastic organisations, Hollie Gazzard Trust and the Digital Trust.

Claire has campaigned since 2010, to raise public awareness of stalking and has trained justice agencies and Parliamentarians in recognising the pattern of stalking behaviour and the impact it has on the victims. She now offers invaluable peer support to other stalking victims and shares her journey and experience in order to advise, signpost them and challenge the obstacles they face when trying to navigate the justice system.

During Claire’s twelve year ordeal, she successfully challenged the Crown Prosecution Service’s decision not to prosecute her stalker. Her landmark victory means the Judgement she received sets a precedent for other stalking cases with similar experiences. She now works with the human rights legal team from her own case, to help advise victims being stalked via legal processes in the family and civil courts.

Claire said after the event, ‘ Today was a recognition of many years of hard work, alongside many dedicated people, to try and improve access to justice and support for stalking victims. I am committed to extrapolating the vital learning from both my own case and the case of many other stalking victims, so authorities respond to stalking robustly ensuring better protection of victims. We have made great steps so far but the work must continue if we are to see a real culture shift in attitude to the way stalking victims are supported and treated.’

Claire is currently working alongside Sir Keir Starmer and Harry Fletcher on a Victims Law, to legislate the rights of victims.

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The Rights of Women have been campaigning against the evidence requirements for accessing Legal Aid, and thanks to their hard work and campaigning, they have had a victory today recognising that these requirements are legally ‘flawed’.

Today’s Judgment is a promising sign for Victims of Domestic Violence. Changes in legal aid funding have been placing victims of domestic violence at increased risk and harm in family courts. Victims are being forced to remain in contact with their abusers or stalkers. Some are being cross-examined by them or forced into court situations or inappropriate contact orders, all of which have a devastating impact on their lives, emotionally, financially and physically.

The cuts in legal aid have been denying victims of Domestic Violence access to justice and allowing abusers to use the court process to continue their abuse of their victims. Victims, through lack of legal aid support, are not able to access the support, advice and justice that they need to protect themselves from their abusers. Often gathering evidence or getting medical reports done in order to access the gateway to legal aid is timely and costly and is a great stumbling block to many victims.
Today’s judgement will hopefully put pressure on the government to rethink their legal aid strategy and ensure it is now accessible to those that need it most.

We continue to campaign for victims rights and we will be working closely over the coming months with the Suzy Lamplugh Trust, Citizen Advice Bureau, Veritas Justice and other organisations, to ensure the legal loopholes that are allowing abusers to stalk and harass their victims are identified and closed down.

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‘CRIME victims are £35million out of pocket because crooks are refusing to pay compensation ‘ was yesterday’s headline, spearheaded by Andy Slaughter, MP

Unsurprisingly, it seems that the victims’ surcharges remain unpaid by offenders. Hardly breaking news to those that work with victims of crime. I say unsurprisingly, as having been a victim of stalking for over a decade, I know too well how slow and ineffective Her Majesty’s Courts and Tribunal Service are, in chasing money from the offender.

After 10 years, I am still owed the compensation awarded to me in 2005. This was the compensation that the Crown Prosecution Service insisted I needed and as result, the stalker avoided any other form of punishment. Whilst I have very little interest in receiving the money from the stalker (as this creates a tie and connection that is empowering for the stalker), it was still the only form of punishment that he received for the first time he stalked me. So to me, on a matter of principle, it is important that the money is paid otherwise my stalker received impunity for the crime that had a devastating effect on my life. I need that crime recognised and therefore, need that compensation paid as that was the justice I was afforded.

For the courts, there is very little incentive to chase this money and ten years down the line, I receive regular letters from them asking for my views on whether this compensation order can now be ‘discharged’ or ‘reduced’ so they can ‘close the case’. In other words, they cannot be bothered to have this case on their system anymore and so I should accept it being written off.

Is this shocking that an offender can wilfully refuse to pay for their crimes? No, I am not unique. When Voice4Victims undertook a victims’ rights survey in 2014, the figures showed that 42% of victims who conducted the survey ticked the ‘extremely poor’ category when dealing with the HMCTS, with 77% of victims still chasing for their court awarded compensation. So there really is no surprise that the figures released yesterday show that half of the £61.1 million in court imposed surcharges are still unpaid. It’s clear that offenders are savvy and know that our ineffective , overstretched system is incapable of getting money from them and that if they refuse for long enough, the debt, will be ‘written off’. This ‘writing off’ makes the victim feel worthless. That charge is recognition of the crime and the impact it has had on the victim. Writing it off, whitewashes the whole thing and leaves the victim feeling re-victimised and that justice has failed them.

In 2013, I had a meeting with Theresa May regarding support services for stalking victims , as there was nothing on offer in the way of therapy and peer support for stalking victims. As a point, there is still nothing! That’s for a different blog…..Anyway, she assured me of the following and below are Ms May’s words:

..’ there will be an increase in revenue of victim support services which will be raised through financial impositions on offenders to ensure they make reparation for the harm they have caused to the victim. The reform to victim surcharge is to ensure that those given the most serious sentences will make the greatest contribution to support services. These imposed orders will add an additional £50 million, from the current £10 million, from offenders directly to victims services.’

After yesterdays news, it doesn’t look like Theresa May has kept to her word and commitment to victims.
If these surcharges are not upheld and offenders flagrant refusal to pay these charges and the courts continue their ineffective approach in chasing this money, then victims are failed twice. Failed by the lack of funds in victims services to help them recover from the crime and failed by the courts for not recognising the impact of the crime and ensuring offenders are made to pay for it. It undermines the justice process completely.

As part of our victims’ rights law we campaign for, we want to ensure that victims will have a legal right to access compensation and support services and that every agency, will be held accountable if they do not provide the service victims of crime are entitled to.
If you believe that victims have a right to their compensation and access to support services, then please ask your local MP to support Keir Starmer’s Victims Bill. Together we can make things better for victims of crime.

The Bill has been drafted by Claire Waxman , founder of Voice4Victims CIC and Harry Fletcher from Digital Trust CIC, following scores of complaints from victims of crime being re-victimised and failed by the Criminal Justice system.

“As a stalking victim, I experienced first-hand the appalling treatment and re-victimisation at the hands of our Criminal Justice System. I naively believed that the system was structured to help victims, however, I soon learnt that victims’ needs and rights were neglected. Victims are faced with a terrible ordeal which only compounds their trauma and delays their recovery. The system continually placed the rights of my stalker above my rights to be protected ‘ said Claire Waxman, founder of Voice4Victims.

Victims of crime have complained that communication and treatment were consistently poor across all criminal justice agencies. One victim complained about the frustration of her case dragging on for over 18 months “’my case was dragged out for 18 months before getting to court, it was the longest 18 months of my life and in the dark for most of that time causing me more trauma and distress’. Others have shown how they were not consulted about police charging decisions, and some not even notified of court proceedings that directly affected them and their case. Many victims describe the courtroom as a terrifying ordeal as they had not been supported during this difficult process. Routinely, victims were not involved in the parole process or told about release arrangements or license conditions of their perpetrator, with many suffering undue stress, years after the crime had been committed. A high proportion of victims reported significant financial loss as a result of the poor treatment they received with loss of work days due to illness or time attempting to navigate through the complex justice system with very little information, support and guidance.

Claire Waxman & Harry Fletcher strongly believe that the strengthening of victims’ rights can only come via robust legislation and a culture shift of attitude towards victims. “We have had a victims’ code for over a decade, yet this code is not working effectively to protect victims’ rights. It is routinely ignored and breached by many of the agencies with no remedial sanctions and no one is held accountable for the inadequate treatment of victims. This is evident in our findings during this campaign, says campaign lead, Claire Waxman.

The Bill places a responsibility on the Secretary of State to publish a victim’s legal framework and outlines numerous statutory duties to ensure that the framework is legally enforceable.

The Bill ensures that a victim of crime shall be entitled to receive accurate & timely information throughout the process, to have access to services and justice, have direct communication with relevant agencies, have rights to review decisions, receive fair and non-discriminatory treatment and representation in all proceedings.

In addition, amongst other entitlements, the Bill ensures that public authorities must not disclose any personal data about a victim and that victims of crime should have access prior to proceedings of any evidence which may cause alarm or distress. The Bill also gives victims the right to access financial compensation and to have any property seized as evidence, restored to them promptly without them incurring more costs and damages.

Critically, for the first time ever , the Bill establishes a victims regulatory body which will enforce the Victims’ framework and will have a duty to investigate complaints from victims of crime if their rights have been breached. If the regulatory body upholds a complaint, it may impose a fine on the agency and the complainant shall have the right to refer an individual or agency to a disciplinary body.

Claire Waxman states ‘‘we believe that this vital bill will help all victims’ of crime access justice and ensure their rights and voices are recognised as an important part of the justice process. Currently, there is an imbalance of rights which is detrimental to victims ‘ safety and well-being. If victims could engage with a fairer and more inclusive justice process, this would dramatically reduce the cost of crime , as victims would receive better support and treatment and recover quicker.”

Harry Fletcher, Criminal Justice Director at the Digital-Trust said “There is also an urgent need for the establishment of a Professional body to regulate victim services and to have powers to investigate and act on victims’ complaints. These necessary reforms would ensure that proper quality standards were in place and that victims had redress.”

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Sex Abuse charity funding crisis hits our headlines and exposes that thousands of victims of sexual abuse are waiting for more than a year for counselling with many never receiving treatment. Sadly, that is an underestimation, as it doesn’t stop at sexual abuse victims. We hear from all victims of crime who struggle to access any form of treatment support and are left stranded by this government trying to recover from the aftermath of a crime unsupported and isolated. Many are not even automatically referred to victim support, a basic entitlement on the victims code.

When I met Theresa May in 2013, shortly after the implementation of the stalking legislation, she assured me that although there was no money to fund treatment services for stalking victims, victims of sexual abuse and domestic abuse would be receiving the majority share. She didn’t feel that stalking victims needed government funded treatment support as other victims were more of a priority. Try telling that to the 700,000 stalking victims.

However, she assured me that the Ministry of Justice provides over £50 million to diverse victims groups and that 78 rape centres were receiving grant funding of £4 million. She also assured me that there would be an increase in revenue for Victim support services through the victims surcharge, as offenders would be ordered to pay and would be contributing £50 million to spend on victim services. Do we know if the victims surcharge is actually contributing to victim services?

However, what with the increase in the number of child sex abuse victims, demands are clearly not being met and victims are struggling to become survivors.

In November, this government will need to ensure that the EU Directive of minimum standards on the rights, support and protection of victims of crime is implemented. So far, the government is covering much of these entitlements within a weak, toothless victims code. This code is continually breached by Criminal justice agencies as it’s not legally enforceable and allows victims entitlements and rights to be pushed aside to save pennies and cut corners.

As part of the EU Directive, victims must be able to access support and that includes longer term physical and psychological assistance.

What this government needs to realise, is that if victims needs were met, then we could reduce the cost of crime. If victims received support they could remain in or return to work sooner thus reducing the cost in state benefits. Adequate and timely support would reduce the strain that victims of crime can place on our health service if they don’t receive the right treatment to help them recover. Effective support would be needed for shorter periods as we witnessed the time taken for victims to cope and recover reduce.

We have worked for the past three years on drafting the first ever victims rights legislation and believe strongly that this Victims Rights Law is desperately needed to address the terrible re-victimisation many victims face when trying to access justice.
Our law will ensure that victims have the right to access justice, support, treatment and compensation and will ensure that a victim is treated fairly and with respect. To find out more about our bill, please visit the press section on our website www.voice4victims.co.uk

Please support our campaign. Together we can help create a more inclusive, fairer and effective justice system for everyone.

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Today Gove has recognised that the courts are failing victims of crime. He claims that this failing is making victims ‘suffer twice’. Sadly, it’s not just courts that fail victims of crime. It’s every aspect of the Criminal Justice system that is failing victims of crime. From the moment the crime is committed, victims will face issues such as trying to access justice, being heard, being kept up to date with basic information on their case and the terrible delays and multiple adjournments to getting to court. Then they are faced with the courtroom and being subjected to discrimination and disrespectful as well as demeaning treatment and to top it all, they are often exposed to the perpetrator and the perpetrators’ family sitting near to them and causing more upset and distress. We’ve had one victim being told not to be overly emotional in court where her son’s murderer was facing trial, otherwise she would face removal from court.

You cannot believe how awful the court room really is, until you step into one as a victim. Then, if you’re lucky, there may be a sentencing, which you may have to wait months, sometimes years for. In that time, it is impossible for the victim to recover from the crime as their lives are on hold waiting for justice. If justice is finally served, then the victim must relive the crime and trauma post trial when dealing with victim liaison units and probation and being advised (or not advised) of appeals and release dates. The trauma of the entire justice process is so distressing from start to finish that you question why you reported the crime in the first instance. So Mr Gove, it’s NOT a case of ‘suffering twice’. We wish it was. It’s a case of suffering constantly throughout the entire broken process of justice.

Once this Government recognises this, then we can start to make the necessary changes to improve the system for everyone that engages with it. We wish it was as simple as digitally reforming the courts as Gove suggests, to make them more effective. Unfortunately, we will need much more to fix the terrible ordeal victims face.

In our campaign, we believe that a strong solution to many of these problems, comes with the legislation of Victims Rights in the form of a Victims Bill. In the bill we have been working on, we have covered the ordeal of the court process and every aspect of the criminal justice system. Our campaign priorities and proposals have been identified through our extensive work with victims.

The courts have made little progress in providing discreet waiting areas for victims or improving disability access. The discriminatory behaviour that victims are subjected to and the terrible delays in court , ensure victims remain traumatised and unable to make recovery. Prolonging victims trauma only adds to the cost of crime as many are unable to work as a result and become unwell. If Victims have legally enforceable rights there would be a decrease in revictimisation/retraumatisaion which would result in reduction to the total cost of crime. Victims could remain in or return to work sooner thus reducing the cost in state benefits. Fewer work days or hours would be lost with victims attempting to resolve issues arising as a direct result of the crime. Adequate and timely support would reduce the strain that victims of crime can place on our health service. Effective support would be needed for shorter periods as we would witness the time taken for victims to cope reduce.

Our Victims Bill of Rights covers key areas such as:
1. Advice – to give victims a right to have their case reviewed
2. Treatment – to ensure all victims are not subjected to unnecessary delay and are treated with dignity and respect
3. Representation – to ensure victims have a right to a case companion to support them during the justice process
4. Vexatious Claims- to give the Judiciary the power to disallow vexatious claims from perpetrators which are clearly an abuse of process
5. Disclosure – to ensure that personal data of any victim is not disclosed in open court with abuser present
6. Compensation & Costs – ensure that victims of crime have easy access to compensation and the right to restitution of property

The Victims Bill will establish a framework setting out the rights of victims of crime and it will establish a regulatory body to ensure that the rights of victims are enforced.

If this government is truly committed to victims of crime and delivering a ‘one nation justice system’, then now is the time to:
1. Introduce Victims Rights Law
2. Provide necessary funding
3. Provide mandatory training of all agencies

Then we can make the much needed culture shift from stereotyping, neglect and exclusion to a fairer, more inclusive and effective justice system for everyone.